IA099682015

The Appellant appeals, with permission, against the decision of the First-tier Tribunal (Judge Macdonald) (hereinafter referred to as the "FtTJ") promulgated on the 3 rd August 2018 in which the Tribunal dismissed the appeal of OC against the decision of the Secretary of State made on the 12 th March 2015.

I make a direction regarding anonymity under Rule 14 of the Tribunal Procedure (Upper Tribunal Rules) Rules 2008. Unless and until a court directs otherwise the Appellant is granted anonymity as the facts of the appeal also concerns minor children. No report of these proceedings shall directly or indirectly affect him or members of his family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.

There is a long litigation history to this appeal. I therefore set out the chronology of events to set the appeal in context. The appellant claims to have entered the United Kingdom in or about September 2000 as an EEA national. He came to the attention of the authorities on 27 October 2001 and between December of that year and September 2011 he had six convictions for a number of criminal offences. As a result, deportation action was pursued against him and his appeal against this decision was allowed by the FtT in a decision promulgated on 17 February 2011.

The appellant appealed the refusal of the human rights claim on 13 March 2015 and was removed on 16 March 2015. On 28 May 2015 he was encountered at Belfast and was arrested and released on bail.

It is not necessary to set out the previous decisions in any detail as both parties are in agreement that the decision of the FtTJ involve the making of an error on a point of law and that the decision should be set aside for the reasons set out below and I therefore record the agreement reached.